Who Is Responsible for a Truck Accident That Involves a Co-Driver?

It is can be tricky to determine fault for an
articulated truck accident, especially one that involves a co-driver. It is
common for multiple people to drive a truck, such as in cases where they have the
main driver and a separate one who operates the vehicle to give the former a
break. The one driving when the tractor trailer accident occurs is largely guilty for their
actions, but they and that other driver might just be held accountable for any consequent
injuries. If you have been involved in a crash of this sort, consult a skilled truck accident lawyer to know
your legal rights and options.

Proving
Negligence for a Collision

To succeed in the accident claim,
demonstrating the following aspects of negligence is a must.

The defendant owed a duty of care to the
plaintiff. In other words, that co-driver, lead driver, or their employer had
an obligation to apply a reasonable level of care when driving to avoid injury
to other people.

The defendant party breached that duty.

Said violation brought about the
accident

The plaintiff party suffered damages
due to the accident.

This case may appear straightforward, but it
is trickier to prove negligence for a co-driver truck accident than a standard
one involving just one driver. Firstly, it is essential to find out who was
operating the automobile by looking at their HOS log. Determining whether that supporting
driver was on their sleeper berth or the passenger’s seat when the accident
happened, is also essential.

For all purposes and intents, if they were in
the berth, it is impossible to hold them liable for the accident. Such drivers
are at great risk of injuries when resting in the berth during the accident. In
the event a trucker has been hurt in it when not operating the rig, they are
entitled to file an accident lawsuit for compensation.

Which
Party Is Responsible

The main driver has the duty to keep injuries
from happening, that another driver must ensure that the vehicle operates
safely. However, to hold the latter driver responsible for an accident, one
must show that they were somehow negligent for it. If they are aware of an
unsafe condition which makes it tough for the main driver to control their
truck, like driver fatigue, then the other driver has to intervene. The latter
might be held legally responsible if they knowingly permitted the other one to
be behind the wheel when intoxicated or tired.